Supreme Tribe of Ben-Hur v. Cauble, 255 U.S. 356 (1921)
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Supreme Tribe of Ben-Hur v. Cauble, 255 U.S. 356 (1921)
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Supreme Tribe of Ben-Hur v. Cauble No. 274 Submitted January 10, 1921 Decided March 7, 1921 255 U.S. 356
APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES
FOR THE DISTRICT OF INDIANA
Syllabus
1. A suit brought against a fraternal benefit association and its officers by some in behalf of all of the members of a class of its beneficiaries so numerous that it would be impracticable to join all as parties to determine their rights as a class respecting the disposition and control of trust funds held by the association is cognizable by the district court where diversity of citizenship exists between the parties complainant and defendant, and the decree will bind all members of the class, including those not parties who are co-citizen with the defendant. P. 363.
2. Recognition of the jurisdiction to bind absentee in such cases is manifest in the omission from Equity Rule 38, promulgated in 1912, of the earlier provision making the decree without prejudice to their rights and claims. P. 366.
3. Equity Rule 38, dealing specifically with this subject, controls Equity Rule 39. P. 366.
4. Having rendered a decree in a class suit defining the right of a class of beneficiaries of a fraternal benefit associations, the district court has ancillary jurisdiction of a bill brought by the association against members of the class who are citizens of the same state as itself and were not parties to the original suit to restrain them from reopening the questions thus settled by suits against it in the state court. P. 367.
264 F. 247 reversed.
The case is stated in the opinion.
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Chicago: U.S. Supreme Court, "Syllabus," Supreme Tribe of Ben-Hur v. Cauble, 255 U.S. 356 (1921) in 255 U.S. 356 255 U.S. 357. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=PJSXVA3RWI6IUUV.
MLA: U.S. Supreme Court. "Syllabus." Supreme Tribe of Ben-Hur v. Cauble, 255 U.S. 356 (1921), in 255 U.S. 356, page 255 U.S. 357. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=PJSXVA3RWI6IUUV.
Harvard: U.S. Supreme Court, 'Syllabus' in Supreme Tribe of Ben-Hur v. Cauble, 255 U.S. 356 (1921). cited in 1921, 255 U.S. 356, pp.255 U.S. 357. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=PJSXVA3RWI6IUUV.
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